Publications

Section Newsletter Articles From John H. Brechin

Can dedicated property subject to a mortgage in default be subject to a foreclosure action? By John H. Brechin Local Government Law, September 2015 Plaintiff Republic Bank of Chicago filed two separate complaints against multiple defendants to foreclose on roads and outlots contained in two failed subdivisions located in the Village of Manhattan.
P.S.E.B.A.—What is an emergency? By John H. Brechin Local Government Law, September 2015 In the recent case of Vaughn v. City of Carbondale, the Plaintiff sought a permanent injunction to prevent the Defendant City from terminating his employer-provided health insurance which he was receiving as a result of a disability from a duty related injury.
FOIA—A State’s Attorney’s Office is a public body By John H. Brechin Administrative Law, July 2014 A synopsis of the Supreme Court's recent decision in Nelson v. Kendall County.
FOIA—A State’s Attorney’s Office is a public body By John H. Brechin Local Government Law, June 2014 A synopsis of the Supreme Court's recent decision in Nelson v. Kendall County.
Ethics corner By John H. Brechin Local Government Law, May 2014 Two recent ISBA opinions address attorney misconduct and conflict of interest.
Freedom of information By John H. Brechin Local Government Law, November 2013 The United States Supreme Court, in a unanimous decision, held that the Virginia Freedom of Information statute, which is only available to citizens of their state, did not violate the privileges and immunities clause of the Constitution.
Can monetary exactions conditions of a permit constitute a taking? By John H. Brechin Local Government Law, September 2013 The U.S. Supreme Court in a 5-4 decision affirmed the validity of Nollan and Dolan and held that the principles of those cases do not change whether a permit is approved or denied.
Line of duty disability pensions—What is an act of duty? By John H. Brechin Local Government Law, August 2011 Two recent cases illustrate the difficulty in resolving an application for a line of duty disability pension.
Official misconduct—What constitutes a law? By John H. Brechin Local Government Law, August 2011 Defendant maintained that he was not guilty of official misconduct because the regulations he violated are not “laws” within the meaning of the Statute.
Passalino—Round two in the Supreme Court By John H. Brechin Local Government Law, June 2010 On April 22, 2010, the December judgment in Passalino v. City of Zion was modified while re-hearing concurrently was denied.
Zoning—Appropriate Standard of Review By John H. Brechin Local Government Law, June 2010 In reviewing the case of Our Savior Evangelical Lutheran Church v. Saville, the Second District Appellate Court may have provided the last necessary answer to the question of the appropriate standard of review for a zoning decision.
Zoning—What notice is sufficient to satisfy due process? By John H. Brechin Local Government Law, May 2010 In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
Equal protection—Class of one By John H. Brechin Local Government Law, December 2009 The Seventh Circuit Court of Appeals recently announced its decision in Hanes v. Zurick on August 18, 2009. 
In brief By John H. Brechin Local Government Law, December 2009 On July 24, 2009, the Seventh Circuit Court of Appeals issued its decision in the case of Casna v. City of Loves Park.
Zoning—Disapproval of development—When is it ripe for judicial review? By John H. Brechin Local Government Law, December 2009 LaSalle Bank National Association v. City of Oakbrook Terrace involved a zoning dispute between the parties. 
Can oil and water mix—Impact fees and non-home rule municipalities? By John H. Brechin Local Government Law, June 2009 The recent April 15, 2009 decision of the 2nd District Appellate Court in Raintree Homes Inc. v. the Village of Long Grove illustrates the peril when non-home rule units attempt to “stretch” the limits of explicit statutory authority.
Eminent domain—SWIDA is still alive! By John H. Brechin Local Government Law, December 2008 In the lawsuit prior to City of Chicago v. Midland Smelting Company, the City attempted to acquire Midland’s property through its use of the power of eminent domain.
The Open Meetings Act – Informality can be harmful to your legal health By John H. Brechin Local Government Law, December 2008 Wyman v. Schweighart involved a complaint alleging the Defendants violated the Open Meetings Act in five different ways.
The Public Safety Employee Benefits Act – What is an emergency? By John H. Brechin Local Government Law, December 2008 On November 4, 2008, the Second District Appellate Court issued its unanimous opinion upholding benefits for a police officer under the Public Safety Employee Benefits Act.
Eminent domain—How do you value a leasehold interest? By John H. Brechin Local Government Law, October 2008 In 2002, IDOT filed an eminent domain action to acquire a portion of property owned by the Defendant, East Side Development.
Eminent domain—Who is an owner? By John H. Brechin Local Government Law, October 2008 The Anderson case involved the issue of who is properly considered an owner in an eminent domain proceeding and thereby entitled to the statutory rights attendant thereto.
A felony does not always mean a forfeiture of pension benefits By John H. Brechin Local Government Law, September 2008 Romano v. Municipal Employees’ Annuity and Benefit Fund of Chicago involved an appeal from the judgment of the Circuit Court of Cook County confirming a decision of the Board of Trustees of the Municipal Employees’ Annuity and Benefit Fund, which found that as a consequence of his conviction of a felony, Romano forfeited all benefits he may have had as a participant in the Municipal Employees’ Annuity and Benefit Fund of Chicago.
Forced annexation—Are roads included in the calculation of acreage? By John H. Brechin Local Government Law, September 2008 The sole issue of Bowers v. City of Rockford was whether the 60-acre statutory limitation in Section 7-1-13 of the Illinois Municipal Code includes interior highways.
Handbills, soliciting, and the First Amendment By John H. Brechin Local Government Law, September 2008 The lesson of Horina v. City of Granite City is that any regulations on solicitation or other First Amendment activities must be solidly based in fact and law.
Zoning vested rights By John H. Brechin Local Government Law, September 2008 The 1st District Appellate Court reviewed the principles of zoning vested rights in an expansive 26-page opinion of Cribbin v. City of Chicago.
The Illinois Public Labor Relations Act—Who is a Supervisor? By John H. Brechin Local Government Law, August 2008 The recent decision of  City of Washington v. Illinois Labor Relations Board and Laborers International Union of North America, Local 231 examined this issue again in the context of determining who in the City of Washington’s Public Services Department were properly classified as supervisors.
Proper standard of review for Constitutional claims against zoning enactments By John H. Brechin Local Government Law, July 2008 The Illinois Supreme Court, on June 5, 2008 issued its opinion in the case of Napleton v. Village of Hinsdale.
Disability pensions –What constitutes an act of duty? By John H. Brechin Local Government Law, June 2008 The recent case of Sarkis v. City of Des Plaines involved this very issue.
A state requirement that voters present photo identification in order to vote does not violate the Fourteenth Amendment By John H. Brechin Local Government Law, June 2008 On April 28th, 2008, the United States Supreme Court in a six to three decision affirmed the trial court and Seventh Circuit Court of Appeals in the case of Crawford v. Marion County Election Board, No. 07-21.
Elections—When does an arrearage make a person ineligible for an elective municipal office? By John H. Brechin Local Government Law, May 2008 Two recent cases have addressed questions concerning eligibility to run for political office and provide welcome guidance to municipal electoral boards which have to rule on objections raising these issues.

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